JHARKHAND

 Struggle To Defend Tribal Lands Goes On

D D Ramanandan

AFTER the formation of Jharkhand on November 15, 2000, the attacks on the tribals’ rights and on their lands have increased. It may be recalled that on August 16, 2000, only a little before the formation of Jharkhand, three tribal activists of the CPI(M), namely Comrades Baldev Munda, Jatru Munda and Budhu Munda, were killed in the course of a land struggle at Daladali, about 15 km away from the city of Ranchi that was made the capital of the new state. In that struggle led by the CPI(M), the concerned landlord was also killed. 

Since then, the tribals have intensified their struggle in Daladali and occupied 250 acres of land which originally belonged to the tribals themselves, but was taken away by the Britishers for raising tea gardens. After independence, when its British owner left the country, landlords illegally occupied this land. Despite the court orders at the level of LRDC, at the levels of the next higher appellate authority, the deputy commissioner and the still higher appellate authority of South Chhotanagpur commissioner, it was clearly established that the land originally belonged to the tribals and that the British were their tenants.  Under law, therefore, the land was should have been returned to the tribals after the British tenants had left. Yet the tribals are still forced to struggle for legal restoration of their lands, even though the land is in their de facto possession.

Jamgai, another village near Ranchi, is also witnessing tension as 25 tribal families here are resisting attacks from the landlords and their goons who are trying to capture the land that is in possession of these tribals. The original survey settlement of 1908 shows that this land too originally belonged to the tribals.  However, through manipulation, tribals were made only tenants in the next survey settlement in 1932 during the British period. On this plea, some vested interests are trying to evict the tribals from the possession of the land by force and have recruited anti-social musclemen for the purpose.

Here, hundreds of tribals organised themselves under the banner of the CPI(M) and Jharkhand State Kisan Sabha, and have been conducting movements to resist these attacks, so far successfully.  On October 12, 2003, poor tribal villagers organised a massive demonstration under the banner of the CPI(M); it was addressed by the CPI(M)’s Ranchi district committee member and DYFI state president Suknath Lohra, Ranchi district committee member and local committee secretary Suresh Munda, Ranchi district committee member Amit Roy, local CPI(M) leader Jony Tiru and others.

In yet another land struggle in Ranchi municipal corporation area, hundreds of tribals have organised themselves under the banner of the CPI(M) for restoration of their land. This land has been illegally occupied by the fodder scam accused and land mafia Dayanand Kashyap and two others. The original landowner tribals had filed a case with the Special Acquisition Restoration (SAR) court, meant for tribals, for restoration of their land. Through a judgement pronounced on May 9, 2001, the SAR ordered for restoration of this prime land in the city of Ranchi to the tribals. Despite this order of the court, however, the administration has failed to restore this land to the tribals.

Here, on October 13, 2003, hundreds of tribals of the area under the banner of the CPI(M) brought out an impressive torchlight procession that gave the authorities a jolt. The district administration then woke up from its slumber and on the same day issued a notice to Dayanand Kashyap and two others for eviction within October 16. Secretary of the CPI(M)’s Ratu local committee Suresh Munda notified to the government that in case the government failed to restore the land by October 16, as per the aforesaid notice, the tribals would forcibly occupy the said land, put up the party’s flag there and take possession of the land.

This process of restoration of tribal lands has galvanised the tribals who are coming to the Jharkhand State Kisan Sabha and the CPI(M) in large numbers. 

However, the BJP-led Arjun Munda government of Jharkhand is attempting to create conditions to dispossess the tribals from the their lands systematically and to change the character of the fifth scheduled areas in Jharkhand. Out of total 22 districts in Jharkhand, at present 12 districts comprising 113 blocks are under the fifth schedule of the constitution.

The process began in August 2001 when the erstwhile Babulal Marandi government announced its industrial policy. In section 32.5 of the said policy document, the government talked of a complete review of the Mining Act, the Forest Act and the Chhotanagpur and Santhal Pargana Tenency Acts to make lands easily available to foreign and Indian big monopolies by displacing the tribals. During a debate in the Jharkhand legislative assembly, it was brought out that section 71 A of the Chhotanagpur Tenancy Act was standing in the way of restoration of lands to tribals. There was therefore a demand to remove this clause. Instead, the Babulal Marandi government decided to review the basic content of CNT and SPT Acts. After Arjun Munda became the chief minister, displacing Babulal Marandi, assembly speaker Inder Singh Namdhari made Babulal Marndi chairman of the assembly committee concerned with this issue, and the committee’s terms of reference included a provision for a review of the entire CNT and SPT Acts to make the tribal lands easily transferable. This is being opposed by the Left parties and by the JMM.

There was a further attack on the tribals when a special session of the Jharkhand assembly was convened from October 8 to 10, 2003, for an amendment of the Jharkhand Panchayati Raj Act 2001. The bill was passed because of the ruling combine’s majority in the house, overriding the objections raised by the entire opposition. 

On October 14, a delegation of the CPI(M)’s Jharkhand state committee, led by its state secretary J S Majumdar and consisting of state secretariat members Rajendra Singh Munda and Prakash Viplabi, met the governor of Jharkhand and submitted a memorandum opposing the specific amendment made in the Panchayati Raj Act, by which the gram sabhas in the fifth schedule areas will be controlled by non-tribals. In most of the tribal villages, the non-tribal traders and moneylenders are powerful enough to become the chairpersons of the gram sabhas, after this amendment. This amendment is against the central panchayat act of 1996 that provides that the chairpersons in scheduled areas shall be tribals at all levels --- of gram sabhas and other panchayati raj bodies. The CPI(M) delegation informed the governor that such an amendment would be against the constitution and against the central act and, as such, it cannot be approved by the governor and would require the president of India’s assent.

A delegation of the CPI(M)’s Jharkhand state committee will soon meet the central government’s ministers and, if necessary, the president of India on this issue, to see to it that this amendment is not approved. For, if approved, this amendment will have disastrous consequences for the tribal rights and particularly the right of the tribals on land.